Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors

TY - JOUR

T1 - Justice, Accountability and Social Reconstruction: An Interview Study of Bosnian Judges and Prosecutors

AU - Carlson, Kerstin Bree

AU - Fletcher, Laurel

AU - Weinstein, Harvey

AU - Mahle, Anne

AU - Babcock-Haloholo, Daska

AU - Arnault, Damir

PY - 2000

Y1 - 2000

N2 - This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former Yugoslavia. ... (c) Domestic effects of the ICTY: legal definitions of accountability and the rule of law; social reconstruction and war crimes; genocide; the role of the Dayton Accords and international law; and perceptions of the ICTY, including its goals, choice of those indicted, knowledge of specific trials and Rules of the Road, sources of information about the ICTY, and its effects on the participant's legal practice as well as on the country as a whole; ... Participants in each national group agreed that involvement of the international community was necessary to prevent further war, to stimulate the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty, then the ICTY should indict and try equal numbers of Bosniak, Bosnian Serb and Bosnian Croat war crime suspects - an expectation articulated by many Bosnian Croat and Bosnian Serb legal professionals. ...

AB - This study of judges and prosecutors in Bosnia and Herzegovina (hereinafter "BiH") is the first report in a multi-year study undertaken by the University of California, Berkeley, Human Rights Center regarding the relationship between justice, accountability and reconstruction in the former Yugoslavia. ... (c) Domestic effects of the ICTY: legal definitions of accountability and the rule of law; social reconstruction and war crimes; genocide; the role of the Dayton Accords and international law; and perceptions of the ICTY, including its goals, choice of those indicted, knowledge of specific trials and Rules of the Road, sources of information about the ICTY, and its effects on the participant's legal practice as well as on the country as a whole; ... Participants in each national group agreed that involvement of the international community was necessary to prevent further war, to stimulate the economy, to ensure fairness and accountability in judicial proceedings and to prosecute war criminals. ... Only one Bosnian Serb legal professional stated unequivocally that the Constitution of Bosnia and Herzegovina was the supreme law of the land. ... If all sides to the conflict are equally guilty, then the ICTY should indict and try equal numbers of Bosniak, Bosnian Serb and Bosnian Croat war crime suspects - an expectation articulated by many Bosnian Croat and Bosnian Serb legal professionals. ...

M3 - Journal article

VL - 18

SP - 102

EP - 150

JO - Berkeley Journal of International Law

JF - Berkeley Journal of International Law

IS - 102

ER -